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So you're telling me there's a chance? Visa Overstay, AOS, I-130 & 245(i) questions!

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  • #31
    Bronzlady?,


    Since u claiming to be so smart you should at least copy text from the right section which is 245.10 not 245.22
    245.10 exactly covers physical presence issue under section 245i when 245.22 gives only basic infos.
    I-94 itself is a proof but only if its dated around that date. My attorney says that people could sneak outside the country and sneak back after Dec 20 and wrongfully claim eligibility for 245i. Thats why they need that proof. It doesnt mean you enter prior DEC 2000 you were physical present on DEC 20Th 2000.Go do some studies and have a nice life.

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    • #32
      Rida,

      I thought you didn't read my response???? ROFLMAO at you!!!! Did YOU read 245.10???? It says the same thing. On or before 12/21/00. It doesn't say immediately preceding 12/21/00 it says on or before. What's more 8 CFR 245.10(n)(5)(ii) specifically states (in case your "genius" missed it): In all cases, any doubts as to the existence, authenticity, veracity, or accuracy of the documentation shall be resolved by the official government record, with records of the Service and the Executive Office for Immigration Review (EOIR) having precedence over the records of other agencies. Furthermore, determinations as to the weight to be given any particular document or item of evidence shall be solely within the discretion of the adjudicating authority (i.e., the Service or EOIR). It shall be the responsibility of the applicant to obtain and submit copies of the records of any other government agency that the applicant desires to be considered in support of his or her application.

      An admission stamp in a passport and an I-797 ARE records of the Service. An officer should not (I won't say cannot because anybody can make a mistake) challenge a valid admission stamp or I-797 UNLESS they have proof that the applicant departed after admission or that the document they provided is fraudulent.

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      • #33
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">4-Section B2 of the Supplement A to I-485 asks that I check all applicable boxes. Is it advisable to check the box indicating that one has accepted employment without authorization? I actually have never been employed in the U.S. but I have worked for myself earning enough to pay the rent and my monthly expenses. I've also helped my mother but not for money. So would I only need to check option 2d? Also option H is not that clear to me. </div></BLOCKQUOTE>

        Bronze - can you please comment on this. Thanks again.

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        • #34
          check the box.....the supplement A forgives that as well.

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          • #35
            So even though I did not technically accept employment without authorization, I should still check this option?

            Sorry for harping on this but I would like to avoid any issues if I can help it.

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            • #36
              But you said, "I have worked for myself earning enough to pay the rent and monthly expenses," which in immigration "self-employment" is viewed as such - employment.

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              • #37
                More confusion pertaining to the I-485 supplement A form....

                Part B2 asks for one to check all applicable categories. So I would check option b- accepted employment (in my case self employment).

                I would also need to check option C & D although can someone confirm this!

                I assume option H refers to employment based adjustment pertaining to one's original petition? So H does not include those who were approved on the basis of a family petition but also want to seek interim employment - ie apply for an EAD? Thanks for clarifying.

                It would be great if anyone else who has been through a similar AOS to post their experience or PM me so we can discuss the details.

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                • #38
                  Questions are fairly simple - just check the applicable boxes.

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                  • #39
                    Perhaps simple to you but you're obviously far more intelligent than me.

                    Reading your last few posts it seems as if you have some major issues...even worse than mine! Not sure what compells one to post such accusatory or know-it-all comments?? If you have nothing useful to add to this thread then simply ignore it!

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                    • #40
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Perhaps simple to you but you're obviously far more intelligent than me.

                      Reading your last few posts it seems as if you have some major issues...even worse than mine! Not sure what compells one to post such accusatory or know-it-all comments?? If you have nothing useful to add to this thread then simply ignore it! </div></BLOCKQUOTE>

                      It's obvious from above who has the issues

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                      • #41
                        Could you give us a list of laws that you followed rather than broke; it would be a lot easier to read.

                        Comment


                        • #42
                          the OP won't because the OP has conveniently "forgotten" those pesky laws that SHOULD HAVE BEEN OBEYED...but this lying visa cheat only wants to try to impress us all with his/her 'knowledge' of our rules...but he/she forgot to follow the most basic one...don't lie to our immigration officials and respect the privilege (not a right, dufus) of holding a US visa....the OP is yet another lying scamming visa cheat whining about our laws...go the eff home.

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